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Law Talk

Legal Maxims

cestui que trust : one who possesses equitable rights in property.

Fumus boni iuris : presumption of sufficient legal basis.

pendente lite : during litigation.

ex post facto : with retroactive affect or force; in light of subsequent events.

obiter dictum : a judicial comment made while delivering a judicial opinion; but one that is unnecessary to the decision in the case and therefore not precedental

in limine : at the outset.

per incuriam : (of a judicial decision) wrongly decided, usually because the judge or judges were ill-informed of the applicable law

ad interim : in the meantime; temporarily.

locus poenitentiae: the opportunity of withdrawing from a projected contract, before the parties are finally bound.

mala fide : dishonesty of belief or purpose.

Tout ce que la loi ne defend pas est permis : Everything is permitted, which is not forbidden by law.

void ab initio : null from the beginning.

per se: in itself

ex facie : on the face of it; evidently; apparently.

ad hoc : formed for a particular purpose.

bona fide : made in good faith; without fraud or deceit; sincere; genuine.

inter vivos : of or relating to property conveyed not by will or in contemplation of an imminent death, but during the conveyor’s lifetime.

Coram Non Judice : Before a judge or court that is not the proper one or that cannot take legal cognizance of the matter.

mutatis mutandis : all necessary changes having been made; with the necessary changes.

pari passu : proportionally; at an equal pace; without preference.

onus probandi : burden of proof.

non est factum : a plea that a written agreement is invalid because the defendant was mistaken about its character when signing it.

Corpus Juris : A body of law; a comprehensive collection of the law of a country.

per contra : on the contrary.

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